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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Am currently employed a UK company but based in Malaysia.

Resolved Question:

Hello, am currently employed a UK company but based in Malaysia. I moved from UK to Malaysia in Sept 2006 to set up a Msian company. After just over 9 plus years I was verbally advised that our Singapore owners have a company policy / corporate governance that husband and wife cannot work in the same company. They knew we are husband and wife when we got asked to move here to open and manage the Company. I was verbally told by the MD of UK office that Singapore office wants me out but no mention of a company policy or corporate governance. This all came to light two weeks ago citing corporate governance. We believe they are expecting me to quietly resign however I feel I have been unfairly treated and now they using my husband against me. I have remained professional and it has been so hard reporting to work daily knowing they want you out but nothing official nor has anyone spoken to me. What are my legal rights to seek compensation as I have devoted 9 plus years to bud this company and I think it is wrong to be told they need me out as all this time. I still have not seen the corporate governance or policy and we have never signed any agreement with Singapore. Your legal advice appreciated
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.
Hello, does your contract say that you are working under UK law?
Customer: replied 9 months ago.
There was an agreement which does state 'all other terms and conditions of employment are in line with the regulations and directives imposed by Malaysian Law' however this contract has since lapsed. I was told to seek advice from a UK lawyer as still employed by UK. Owners of the company which are based in Singapore are the ones citing 'company policy' which apparently stares that no spouse are allowed to work within the same Company
Expert:  Ben Jones replied 9 months ago.
This is not an easy issue to determine because it is not just a clause in the contract or the fact you are employed by a UK company which will decide whether the UK courts and tribunals have jurisdiction to hear a potential claim. Employees who ordinarily used to work outside Great Britain were expressly excluded from bringing claims under the Employment Rights Act 1996. However, those provisions were repealed by the Employment Relations Act 1999 without any replacement wording. Therefore, it is now a matter for case law to determine whether that is possible or not. The leading case on territorial scope of UK employment legislation is Lawson v Serco, which identified examples of where expatriate employees are allowed to present claims to a UK Tribunal. These can be summarised as follows:· a peripatetic employee whose base was in the UK;· employees posted abroad for the purposes of a British business, like the foreign correspondent of a newspaper;· employees working in a British social or political enclave abroad; or· any other category where the employee could demonstrate an equally strong employment connection with the UK. Another relevant case is that of Ravat v Halliburton Manufacturing and Services Ltd where the Supreme Court said that here was really one question if the employee does not work in the UK, and that is “is the employment connection with the UK sufficiently strong to enable it to be said that Parliament would have regarded it as appropriate for a Tribunal to deal with the claim? If you were simply employed by a British company but had no other ties to the UK, then it is unlikely that you would qualify. So unless you can show such strong ties to the UK, I am afraid it is unlikely the tribunal will have jurisdiction to hear a potential claim and for you to be able to challenge this under UK law, meaning you have to take advice from local lawyers. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 9 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 9 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45353
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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